Q&As

Is it a legal requirement to produce a delegated decision report when issuing a planning enforcement notice?

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Published on LexisPSL on 18/09/2020

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Is it a legal requirement to produce a delegated decision report when issuing a planning enforcement notice?
  • The Openness of Local Government Bodies Regulations 2014, SI 2014/2095

Is it a legal requirement to produce a delegated decision report when issuing a planning enforcement notice?

The procedural legal requirements relating to enforcement notices (ENs) are set out in sections 172 and 173 of the Town and Country Planning Act 1990 (TCPA 1990) and Part 2 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682. These include a requirement for the local planning authority (LPA) to specify in the EN the reasons why it considers it expedient to issue the notice (the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682, reg 4). Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682, reg 5 also requires an ‘Explanatory note to accompany copy of enforcement notice’.

See section ‘Scope and requirements of an EN’ in Practice Note: Types of planning enforcement for a full list of requirements.

The Openness of Local Government Bodies Regulations 2014, SI 2014/2095

Decisions made by officers exercising delegated powers are caught by the Openness of Local Government Bodies Regulations 2014, SI 2014/2095, reg 7, where the effect of the decision is to:

  1. grant a permission or licence

  2. affect the rights of an individual, or

  3. award a contract or incur expenditure which, in either

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